UMESH HANUMANTHAPPA KORAVAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed praying to set aside the order of the I Addl. District and Sessions Judge, Haven, dated 30.12.2014 in Crl. R.P. 231/2014 confirming the order of Civil Judge and J.M.F.C., Shiggaon dated 21.10.2014 rejecting the application filed under Section 457 of Cr.P.C. for interim custody of the seized vehicle bearing Reg. KA - 25/D -4035 seized in Bankapur P.S. Crime No. 148/2014.

(2.) THE gist of the facts in this case is that one Annappa Ramanna Savanur of Mulakeri who is the accused was transporting stolen sand in the seized vehicle and the said vehicle belongs to the petitioner. It is the case of the respondent that vehicle was being used for illegal transportation of sand, which is an offence under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the MILD. Act', for brevity) and the provisions of Karnataka Minor Mineral Concession Rules.

(3.) THE petitioner, who is the owner of the vehicle approached the jurisdictional court with an application under the provisions of 457(2) of Cr.P.C. seeking interim custody of the vehicle. The court of original jurisdiction by cryptic order has been pleased to reject the application for interim custody by relying on the provisions of Section 21(4A)of the M.M.R.D. Act, which reads as follows - -